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Privy Council rules on ‘serious irregularity’ challenge in international arbitration
Out-Law News | 29 Apr 2021 | 9:24 am | 4 min. read
A recent decision by the Judicial Committee of the Privy Council (Privy Council) provides authoritative guidance on what is required in order to uphold a challenge to an arbitral award on the grounds of serious irregularity.
In their judgment, Lord Hamblen and Lord Burrows held that a serious irregularity challenge does not require a separate and express allegation of substantial injustice by the applicant and a separate consideration and finding of substantial injustice by the court, in order to be successful.
The decision, on a referral by the Court of Appeal of the Commonwealth of the Bahamas, is the first by a highest appellate court to consider the requirement of ‘irregularity causing substantial injustice’ since the 2006 House of Lords judgment in Lesotho Highlands Development Authority v Impregilo SpA. In addition, the
NASSAU, BAHAMAS In line with Central Bank’s full rollout of its Sand Dollar digital currency, slated for this month, Bahamian fintech company CBI Mobile (Bahamas) Ltd has completed integration and formally introduced use of the digital currency, making it available to its base of thousands of users and hundreds of merchants worldwide.
CBI Mobile (Bahamas) Ltd owns the transactional ecosystem app MobileAssist, whose users can now create a Sand Dollar account, easily convert MobileAssist Tokens (which carry the same value as BSD dollars) to Sand Dollars and vice versa, as well as load their Sand Dollar accounts with credit or debit cards.
The Bahamas Petroleum Company logo.
NASSAU, BAHAMAS While the Bahamas Petroleum Company’s (BPC) oil exploration activities in The Bahamas may have ended for now, attorneys were back in court yesterday arguing over an application by the oil exploration company seeking security for costs in the sum of $200,000 in ongoing judicial review proceedings.
Clare Montgomery, QC, who argued on behalf of BPC, yesterday argued there was no evidence to show that Waterkeeper Bahamas Ltd and the Coalition to Save Clifton Bay have any assets in order to meet any future order for costs by the court.
Last month, Supreme Court Justice Petra Hanna-Adderley ruled that BPC and Bahamas Offshore Petroleum Company may be added as a party in the judicial review, accepting the position that they would be directly impacted by the legal proceedings.